“Art of Mediation” Exchange July 9th

Mediation is not simply an event, it is a process, and when facilitated with skill it can be artful. The
Academy invites you to connect and engage at one of Fort Lauderdale premier art galleries. Attendees
will enjoy art and lively discussion while they EXCHANGE ideas from some of Florida’s most skillful
mediators.

July 2014 Academy Networking Exchange

Spring/Summer Caucus

Spring Caucus 2014Read The Caucus to stay informed of current events, MEAC opinions and stay abreast many more useful tools. Our newsletter features member articles, updates, news from the DRC and much more.

 

A Development in Alternative Dispute Resolution

On March 24, 2014, the U.S. Supreme Court denied certiorari in Strine v Delaware Coalition for Open Government, Inc., 2014 US Lexis 1984, and let stand a ruling from the Third Circuit (733 F3d 510). The Third Circuit ruling was a 2-1 decision.

The question before the Third Circuit was whether the public has a right of access under the First Amendment to Delaware’ s state-sponsored arbitration program. Chancellor Strine, then the presiding judge of Delaware Chancery Court and now chief judge of the Delaware Supreme Court, and the judges of the Delaware Chancery Court, who oversee the arbitration process, appealed from a judgment in favor of the Delaware Coalition for Open Government. The Third Circuit found that Delaware’s arbitration program was subject to the same rules governing civil trials and thus must be open to the public. The appellants argued that the First Amendment does not mandate a right of public access to state-sponsored arbitration proceedings.

FULL TEXT ARTICLE

MEAC 2012-010

The Question:

A family law mediation was held through the court mediation program. Both parties were represented by counsel. A partial agreement was reached and the mediator prepared the mediation report and agreement. The attorneys, parties and mediator signed the Mediation Report that a partial agreement was reached and set forth the remaining issues to be adjudicated by the Judge. The parties a..’1d attorneys left the courthouse as it was after 5:00 p.m. The attorneys and parties had left the mediation with the understanding that they had signed the mediation report and mediation agreement. The mediator made copies of the report and agreement and discovered that one of the parties and their attorney had not signed the Agreement. All parties and their attorneys had initialed each page of the Mediation Agreement. The mediator called the attorney that had not signed the agreement and immediately took the agreement to the attorney for signatures. The attorney told the mediator that the client had already left town but would be back the next day to sign that it was not a problem it was only an oversight. The attorney signed the original mediated agreement. The mediator checked with the attorney the next week and found out that the client would not sign the agreement now, but just wanted a few minor changes and a letter was being sent to the other attorney regarding the changes …

FULL TEXT MEAC

NEW MEAC OPINION 2013-001 Failure to Return Executed Agreement After Verbally Agreeing to do So

The New MEAC Opinion seeks to advise on the below listed question that arises as a procedural and ethical dilemma. To review the entire MAC Opinion, follow the link provided.

“Is it a breach of confidentiality for a certified mediator or the mediation unit to report to
the court that a party, appearing telephonically or by some other electronic means pursuant to a
Court order, who fully participated in the mediation which resulted in an agreement, but violated
the order for telephonic appearance by failing to return a mediation agreement for which said
party gave verbal consent to prepare and verbally agreed to sign?”

Full Text MEAC Opinion